Single-Use Endoscopy Community Guidelines/Terms of Service

Notice:

Any content posted in the Community (including posts by Ambu) is for informational purposes only and should not be viewed as professional or medical advice. Reliance on any information provided in the community is solely at your own risk.

General:

These Community Guidelines/Terms of Service (“Terms”) govern your use of our Single-Use Endoscopy On-Line Community (the “Community”). By using the Community, you agree to be legally bound by these Terms. If you have any questions or concerns regarding these Terms or the Community, please contact us by email at info@singleuseendoscopy.com.

These Terms apply in addition to our Privacy Policy and any other policies/procedures provided by us or the owner of the platform/website. Please keep in mind that the comments and responses that you read in the Community come from other users and do not necessarily reflect the view(s) of Ambu. We are not responsible for any content posted in the Community.

Overview:

Ambu’s Single-Use Endoscopy Online Community is open to medical professionals with clinical responsibilities related to performing endoscopies. Medical professionals who may benefit from participation in the Community include, but are not necessarily limited to, practicing doctors, medical residents, nurse practitioners and nurses.

The goal of the Community is to provide a platform for an informative and supportive community of medical clinicians who can share information and have conversations regarding personal and professional pursuits. Participants should use the Community to: share information, expertise, knowledge and perspective; maintain friendships and form connections; build strong and mutually beneficial ties between clinicians; and promote goodwill in the community.

Community Guidelines:

We strive to create an inspiring, supportive and informative community in the Community. To that end, all users are required to comply with these Terms, including the following community guidelines:

1. Account

Those wishing to participate in the Community will be required to present verifiable credentials. By signing up, you certify that all information provided is true and accurate in all respects. We may use information provided to, among other things, distribute Ambu marketing materials to you. The Community is “member-only” and is only accessible by registered users. Once your account registration is approved, you will be provided with personal login information. You are required to keep your personal login information strictly confidential. No persons under the age of 18 years old are permitted to use the Community.

2. Stay on Topic and Be Respectful

First and foremost, users are required to treat each other with respect in the Community.
We encourage and appreciate your comments and feedback; in fact, that is the very reason the Community was created. With that said, your comments and feedback must be communicated in a way that is respectful to Ambu and the Community. You are not permitted to post any content that is inappropriate, off-topic, abusive, harassing, profane, or promoting/soliciting third-party sites, initiatives or products.
The Community is not the right place to send feedback about Ambu’s products, solicit business or request donations. Please use the Contact Us portion of Ambu’s corporate website for those topics.
We reserve the right, in our sole and absolute discretion, to remove any content from the Community (including comments/posts) and remove or ban any users.

3. Legal and Regulatory Issues

Because Ambu is part of a highly regulated industry, there are certain topics we may not be able or willing to talk about in the Community, and some of your discussions may need to be re-directed or curtailed for the same reason. You are not permitted to post content containing:

Unsubstantiated claims about (or discussion of) “off-label” or unapproved/non-directed uses of Ambu products;
Third party intellectual property, such as any copyrighted material (art, music, videos, written text, etc.) or any trademarks or logos;
Performances, or parts thereof, that have been broadcast, streamed, published, televised or recorded as part of a motion picture;
Information plagiarized from another source;
Photos and/or videos, including those depicting individuals, unless the photographer (and where applicable, the depicted individual, and if the depicted individual is a child, the child’s parents or legal guardian) or videographer have expressly consented to such use;
The names of any individuals, and/or other information that could allow anyone to identify the individual(s), such as an address, email, phone number, insurance number, license plate number, hometown or school;
Any protected health or other personal information of any individual that connects the information shared with that individual;
The names, photographs, voices, or other likeness of celebrities, either living or dead, whether favorable or unfavorable;
Inappropriate comments or inferences about Ambu’s competitors (for example, disparaging comments, or any statements about their products);
Information that is false, inaccurate or misleading;
Medical advice or product usage information;
Third-party confidential or non-public information;
Predatory conduct towards minors;
Libel, slander or defamation of character;
Threats;
Inappropriate or “off-color” statements, as determined by us in our sole and absolute discretion;
Text, pictures or images that could be described as obscene, profane, lewd, crude, vulgar, offensive, provocative or pornographic, or as containing gang signs or symbols, gun imagery, political or religious propaganda, derogatory characterizations of any ethnic, racial, sexual or religious group, depictions of alcohol or drug abuse, or promotion of illegal activity of any kind;
Links to other websites;
Advertising;
Spam; and
Software viruses, Trojan horses, worms, time bombs or any other computer code or files or disabling mechanisms that are designed to disrupt, damage or limit the functioning of any software, hardware, telecommunications equipment or that interferes with the operation of the Community.

By choosing to participate in the Community, you are agreeing that all of your posts will be free from the restricted content listed above. Please note, however, that we may remove any post regardless of its content in our sole and absolute discretion.

4. Comment Moderation and Response

We are not responsible for any content posted in the Community and cannot monitor every post to ensure compliance with these Terms. All users are required to report any improper conduct by emailing info@singleuseendoscopy.com.

5. Ambu May Use Your Posts

By posting in the Community, you understand that your posts, and any ideas or techniques contained in them, may be freely used by Ambu in any way and in any media, including in the Community, or on Ambu’s other websites and social media pages, and in Ambu’s business. Accordingly, please do not post any ideas or materials that you wish to keep confidential or for which you expect to receive compensation. In addition, when you post on any of our social media platforms (including the Community), your name, likeness and username will be visible and associated with your post and if Ambu chooses to re-use your post elsewhere, Ambu may (but is not required to) display your name, likeness and username there as well.

6. Advertising

By participating in the Community, you agree that: (1) we can show you ads that we think will be relevant to you and your interests; (2) we may use your data (including personal data) to help determine which ads to show you; and (3) we may utilize web-based tracking tools and software (for example, Google Analytics and Cookies) to analyze your activity in the Community. You further agree that we may use your email address to confirm account activity and send you emails regarding our current and future products/services. You will have the ability to opt out of marketing emails.

7. Data and Cookies

By using the Community, you agree that we may use your data (including personal data) in accordance with our Privacy Policy and these Terms. Examples of data include, but are not limited to, your personal data (such as your name, email, phone number, address and social media accounts), your current/past usage of the Community, content, communications and other information you provide when you sign up for and use the Community. To learn more about how your data is used, please review our Privacy Policy.

Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In these Terms, we refer to all of these technologies as “Cookies.” By using the Community, you consent to our use of Cookies in accordance with our Privacy Policy and these Terms. You further consent to the use of Cookies by our third-party partners, such as analytic service providers. To learn more about how Cookies are used, please review our Privacy Policy.

8. Limitation on Liability; Legal Actions

The Community is provided "as is," and we make no guarantees that it always will be safe, secure, or error-free, or that it will function without disruptions, delays, or imperfections. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content) in connection with the Community. We cannot predict when issues might arise with the Community. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Community, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the Community will not exceed $100. You specifically acknowledge that our liability for damages suffered by you are limited and liquidated as set forth herein. You agree to waive any and all protections available to you under applicable law, including, but not limited to, general release protections.
EXCEPT WHERE PROHIBITED BY STATE LAW, NO CLAIM OR LEGAL ACTION THAT EITHER PARTY MAY HAVE ARISING OUT OF THESE TERMS OR THE COMMUNITY (WHETHER BASED ON AGREEMENT, NEGLIGENCE OR OTHERWISE) MAY BE BROUGHT MORE THAN ONE YEAR AFTER THE DATE THE CAUSE OF ACTION FOR SUCH CLAIM ACCRUED. IF, UPON YOUR VIOLATION OF ANY PROVISION OF THESE TERMS, THIS CONTRACT IS PLACED IN THE HANDS OF AN ATTORNEY FOR LEGAL ACTION, YOU AGREE TO PAY ALL REASONABLE FEES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES).
In order to expedite and control the cost of disputes, the parties agree that any legal or equitable claim relating to or arising out of these Terms or the Community will be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The arbitration will take place in the State of Maryland. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute will be made available to the other party for review and copying no later than thirty (30) calendar days after the notice of arbitration is served. The arbitrator will not have the authority to modify any provision of these Terms or to award punitive damages. The arbitrator will have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator will be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. This agreement to arbitration will be specifically enforceable under the prevailing arbitration law. THE PARTIES AGREE THAT, BY ENTERING INTO THIS ARBITRATION PROVISION, ALL PARTIES ARE WAIVING THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

9. Additional Considerations

Statements about side-effects, whether expected or not, from any Ambu products, or product-quality complaints, are discouraged in the Community, inasmuch as it is important to report this type of information appropriately. Please report side effects from any of Ambu’s products and product-quality complaints to USMD-ComplaintsHandlingUSA@ambu.com. Ambu reserves the right to contact you if such information is posted in the Community.
Your comments, responses and other posts may be submitted to law enforcement if we have a good faith belief that disclosure of such information is reasonably necessary to detect and prevent fraud or to protect the safety of the public or an individual.
If any third-party files any claim or legal action against Ambu or any other person or entity authorized to act on Ambu’s behalf, arising from content that you create, upload, post, share or otherwise make accessible through the use of the Community, you agree to defend and hold Ambu completely harmless from any such actions or claims, including all damages, expenses, costs, and reasonable attorneys’ fees incurred by Ambu.
If you use or post content covered by intellectual property rights that we have and make available in the Community (for example, images, designs, videos, or sounds we provide that you add to content you create, upload, post, share or otherwise make accessible through the Community), we retain all rights to that content. You can only use our copyrights or trademarks (or any similar marks) upon obtaining our prior written consent.
We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (“DMCA”). If you believe your intellectual property rights have been infringed, please contact us at info@singleuseendoscopy.com.
The headings in these Terms are for convenience of reference only and do not control or affect the contents of any provision contained herein.
We reserve all rights not expressly granted to you.
If any provision in these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect. In the event that a provision of these Terms is determined to be invalid or unenforceable, said provision will be modified to the minimum extent necessary to render it valid and enforceable. Said modified provision will be in full force and effect as if it were originally part of these Terms.
These Terms constitute the entire agreement between the parties with respect to the subject matter contained herein. You acknowledge that we are not bound by and you have not relied on any representation, promise, condition, inducement or warranty (express or implied) not included in these Terms.
Any waiver of these Terms must be made in writing, signed by us. Failure to enforce any provision of these Terms does not constitute a waiver. A waiver of any part of these Terms in one instance is not a waiver of any other part or any other instance.
We are not responsible or liable for any damages to or changes in the performance of your computer or device resulting from your use of the Community. You give us permission to download and install updates to the Community.
These Terms will remain in effect upon the deletion, suspension or termination of your account. The provisions of these Terms will inure to the benefit of our affiliates, successors and assigns, as well as the officers, directors and employees of each of these entities.
These Terms will be governed by applicable Federal laws and the laws of the state of Maryland, without regard to conflict of law provisions.

Updates:

We reserve the right to update/revise these Terms. We will notify you before making any changes to these Terms and you will have the opportunity to review the updates/revisions before you continue to use the Community.

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